Sunday, December 6, 2015

Court grants woman right to die after 'losing her sparkle'

A 50-year-old woman who fears that the passing of her youth and
beauty means the end of everything that “sparkles” in life has been
granted permission to die by the court of protection.

In a highly unusual judgment published this week, King’s College
Hospital NHS Trust has been told that the unnamed woman has the capacity
to make up her own mind and is entitled to refuse the life-saving
kidney dialysis treatment she requires.

The decision includes a detailed account of the lifestyle of C, as
the woman is known, describing her as “impulsive”, “self-centred”, heavy
drinking and four times married.

But the judge, Mr Justice MacDonald, explained that the principle was
the same for any patient. “The right to refuse treatment extends to
declining treatment that would, if administered, save the life of the
patient,” he said in his court of protection decision.

“This position reflects the value that society places on personal
autonomy in matters of medical treatment and the very long established
right of the patient to choose to accept or refuse medical treatment
from his or her doctor.

“Where a patient refuses life-saving medical treatment the court is
only entitled to intervene in circumstances where the court is satisfied
that the patient does not have the mental capacity to decide whether or
not to accept or refuse such treatment.” Intervention, he said, was not
required in this case.

MacDonald continued: “C is a person to whom the epithet
‘conventional’ will never be applied … C has led a life characterised by
impulsive and self-centred decision-making without guilt or regret.
[She] has had four marriages and a number of affairs and has, it is
said, spent the money of her husbands and lovers recklessly before
moving on when things got difficult or the money ran out.

“She has, by their account, been an entirely reluctant and at times
completely indifferent mother to her three caring daughters. Her
consumption of alcohol has been excessive and, at times, out of control …
In particular, it is clear that during her life C has placed a
significant premium on youth and beauty and on living a life that, in
C’s words, ‘sparkles’.”

Having been diagnosed with breast cancer, she had taken an overdose
with alcohol. She did not die but caused herself such extensive kidney
damage that she required dialysis – which she now refused to undergo.

The judge added: “My decision that C has capacity to decide whether
or not to accept dialysis does not, and should not prevent her treating
doctors from continuing to seek to engage with C in an effort to
persuade her of the benefits of receiving life-saving treatment in
accordance with their duty to C as their patient.

“My decision does no more than confirm that in law C is entitled to
refuse the treatment offered to her for her benefit by her dedicated
treating team. Nothing I have said prevents them from continuing to
offer that treatment.”

MacDonald analysed evidence from psychiatrists and medics, and from
one of the woman’s daughters. One daughter told him that her mother’s
life had “to all appearances” been fairly glamorous. She said her mother
did not want to be “poor”, “ugly” or “old”.

“She has said the most important thing for her is her sparkly
lifestyle,” said the daughter. “She kept saying she doesn’t want to live
without her sparkle and she thinks she has lost her sparkle.”

The daughter said family members would devastated if her mother died,
but added: “We think it is a horrible decision. We don’t like the
decision at all. But I cannot get away from the fact that she
understands it.”

Follow NASGA's Facebook Page

Twitter Updates

Twitter Updates

Follow NASGA on Linked-in

Google+ Followers

Help Support NASGA!

Another great way to donate to NASGA is by doing your online shopping with Goodshop!
They will donate up to 20% of your purchases back to us and offer great savings at places like Neiman Marcus, Adidas, and Sundance Catalog.
So, you can save money and help us stop guardian abuse too!

Follow by Email

NASGA supports

Disclaimer

Victim stories are written and submitted by individual victims. NASGA has no knowledge or responsibility as to the accuracy or validity of their statements. Use of any such story or information contained therein in any manner is not authorized without prior written consent from NASGA or the individual author.

Comments on this site are moderated. NASGA reserves the right to accept, reject or delete any comments posted. Comments are the sole responsibility of the sender.

This site contains links to web sites controlled or offered by third parties (non-affiliates of NASGA).

NASGA hereby disclaims liability for any information, material, products, services, or any other, posted or offered at any of the third-party sites. By creating a link to a third-party site, NASGA does not endorse or recommend any products or services offered. NASGA further disclaims liability for the content, security, validity or accuracy contained in said third-party sites.

NASGA Followers

NASGA

NASGA (National Association to STOP Guardian Abuse, Inc.) is a 501(c)(3) public-interest, civil rights organization formed by victims of unlawful and abusive guardianships and conservatorships. We seek legislative reform of existing law and upgrading of criminal penalties for court-appointed fiduciaries misusing protective proceedings for unjust enrichment and engaging in elder and family abuse.

Our mission is to promote the safety and well being of vulnerable persons subject to injury and damage in their person and property through unlawful and abusive guardianship and/or conservatorship proceedings; to end the growing violations of due process, civil and human rights; to work towards ultimate legislative reform of guardianship as presently practiced; upgrading of criminal penalties for court-appointed fiduciaries misusing protective proceedings for unjust enrichment; and to be a support organization for victims and their families. We carry out our mission through research, outreach, education and advocacy; and going forward, by alliance with community interest, law reform, civil rights and other advocacy organizations.

Any copyrighted material included herein is distributed in accordance with the Fair Use section of 17 U.S.C. 107, in the interest of public research and education, without profit.

NASGA claims no credit for any images posted on this site. If there is an image appearing on this blog that belongs to you and you do not wish for it to appear here, please E-mail at Info@StopGuardianAbuse.org with a link to the image and we will promptly remove it.

Comments and opinions posted to our Blog are our readers - not NASGA. We do not censor comments, and we welcome opposing views. We do reserve the right, however, to delete any submitted comment which contains foul or obscene language.

Please visit our website by clicking the link below for more information on how you can help stop guardianship / conservatorship abuse.